1Purpose
The purpose of this Act is to make provision for the development of health services in Victoria, for the carrying on of hospitals and other health care agencies and related matters.
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The purpose of this Act is to make provision for the development of health services in Victoria, for the carrying on of hospitals and other health care agencies and related matters.
Part 11 comes into operation on the day to be proclaimed.
Section 196 is deemed to have come into operation on 1 October 1987.
S. 2(2A) inserted by No. 1/1989 s. 4(a).
Section 199 is deemed to have come into operation on 1 October 1987.
The remainder of this Act comes into operation on a day or days to be proclaimed.
S. 3 amended by No. 46/1998 s. 7(Sch. 1) (ILA s. 39B(1)).
A reference to the carrying on of a health service establishment is a reference to the provision of a health service by reason of the conducting of, or the carrying on of a business or undertaking at, or from, the establishment.
S. 5 amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 52/2017 s. 5.
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S. 5A inserted by No. 66/1998 s. 5.
If the terms of an instrument creating a trust (as defined in section 3(1)) in relation to a former agency specify particular purposes of the agency for which the trust is created, then any reference to the purposes of the former agency is a reference to the purposes (if any) of the successor agency that correspond with, or are similar to, those specified purposes of the former agency.
S. 6 amended by No. 73/1997 s. 5(1)(a)(2) (ILA s. 39B(1)).
S. 6(1) amended by No. 46/1998 s. 7(Sch. 1).
The Secretary may, by notice published in the Government Gazette, declare premises to be a State funded residential care service if—
S. 6(1)(a) amended by No. 46/1998 s. 7(Sch. 1).
in the opinion of the Secretary a business is carried on at those premises on a not-for-profit basis of providing accommodation to persons who—
S. 6(1)(a)(i) amended by No. 23/1994 s. 118(Sch. 1 item 25.2).
require the exercise of nursing supervision and care with occasional attendance by a registered medical practitioner; and
S. 6(1)(a)(ii) substituted by No. 88/1994 s. 6, amended by Nos 73/1997 s. 5(1)(b), 55/2006 s. 5.
are persons in respect of whom residential care subsidy under an Act of the Commonwealth are provided; and
the Government of Victoria provides funds directly or indirectly on a recurrent basis for the carrying on of that business.
S. 6(2) inserted by No. 73/1997 s. 5(2).
Any premises in respect of which a declaration under this section was in force immediately before the commencement of section 5 of the Health Services (Amendment) Act 1997 are deemed, on that commencement, to be declared under this section to be a State funded residential care service.
S. 7(1) amended by Nos 88/1994 s. 7(1), 68/1996 s. 20(1), 73/1997 s. 6(1), 46/1998 s. 7(Sch. 1), 49/2010 s. 220(1), 37/2021 s. 394(2).
The Secretary may, by notice published in the Government Gazette, declare a public hospital or privately-operated hospital, or any part of a public hospital or privately-operated hospital, to be a designated public hospital for the purposes of Division 4 of Part 9 of the Social Services Regulation Act 2021 and Part 9 of the Supported Residential Services (Community Visitors) Act 2010 if the Secretary is satisfied that it is desirable so to do on account of the number of older or disabled persons or persons receiving chronic care in the public hospital or privately-operated hospital or part, being persons in respect of whom residential care subsidies under an Act of the Commonwealth are provided.
S. 7(2) amended by Nos 88/1994 s. 7(2), 68/1996 s. 20(2), 49/2010 s. 220(2)(a), 37/2021 s. 394(3).
Where a public hospital or privately-operated hospital or any part of a public hospital or privately operated hospital is declared to be a designated public hospital, Division 4 of Part 9 of the Social Services Regulation Act 2021 applies to that hospital or part as if it were a supported residential service.
S. 7(3) inserted by No. 68/1996 s. 20(3), amended by Nos 49/2010 s. 220(2)(b), 37/2021 s. 394(3).
If a privately-operated hospital or any part of a privately-operated hospital is declared to be a designated public hospital, Division 4 of Part 9 of the Social Services Regulation Act 2021 applies to that hospital or part only to the extent to which it provides health services to public hospital patients.
S. 8(1) amended by Nos 46/1995 s. 5, 34/2019 s. 56(1)(a).
The Governor in Council, by Order published in the Government Gazette, may amend Schedule 1, 1A, 2 or 3 by—
S. 8(1)(a) amended by No. 34/2019 s. 56(1)(b).
adding the name of a hospital or multi purpose service; or
S. 8(1)(b) amended by No. 34/2019 s. 56(1)(b).
removing the name of a hospital or multi purpose service; or
S. 8(1)(c) amended by No. 34/2019 s. 56(1)(b).
amending the name of a hospital or multi purpose service.
The Governor in Council must not remove the name of a hospital from Schedule 2 and add the name to Schedule 1 unless the hospital has ceased to be controlled by a religious denomination.
S. 8(3) inserted by No. 68/1996 s. 21.
The Governor in Council, by Order published in the Government Gazette, may amend Schedule 4 by—
adding the name of a hospital within the meaning of Part 3A; or
removing the name of a hospital if it has ceased to be a hospital within the meaning of Part 3A; or
amending the name of a hospital.
S. 8(4) inserted by No. 39/2000 s. 5.
The Governor in Council, by Order published in the Government Gazette, may amend Schedule 5 by—
S. 8(4)(a) amended by No. 52/2004 s. 5(1).
adding the name of a public health service; or
S. 8(4)(b) amended by No. 52/2004 s. 5(1).
removing the name of a public health service; or
S. 8(4)(c) amended by No. 52/2004 s. 5(1).
amending the name of a public health service.
S. 8(5) inserted by No. 52/2004 s. 5(2), amended by No. 34/2019 s. 56(2).
If the name of a public hospital listed in Schedule 1, the name of a multi purpose service listed in Schedule 1A or the name of a public health service listed in Schedule 5 changes—
S. 8(5)(a) amended by No. 34/2019 s. 56(3).
the reference in the relevant Schedule to the old name of the public hospital, multi purpose service or public health service is taken to be a reference to the new name of the public hospital, multi purpose service or public health service; and
S. 8(5)(b) amended by No. 34/2019 s. 56(3).
the Governor in Council, by Order published in the Government Gazette, may amend the relevant Schedule by amending the name of the public hospital, multi purpose service or public health service.
The objectives of this Act are to make provision to ensure that—
S. 9(a) substituted by No. 52/2017 s. 6.
health care agencies—
provide safe, patient-centred and appropriate health services; and
foster continuous improvement in the quality and safety of the care and health services they provide; and
an adequate range of essential health services is available to all persons resident in Victoria irrespective of where they live or whatever their social or economic status; and
S. 9(ba) inserted by No. 52/2004 s. 6.
public hospitals are governed and managed effectively, efficiently and economically; and
public funds—
are used effectively by health care agencies; and
are allocated according to need; and
S. 9(ca) inserted by No. 18/2001 s. 5.
purchasing arrangements for public hospitals and supply chain management by public hospitals provide value for money; and
health care agencies are accountable to the public; and
users of health services are provided with sufficient information in appropriate forms and languages to make informed decisions about health care; and
health care workers are able to participate in decisions affecting their work environment; and
users of health services are able to choose the type of health care most appropriate to their needs.
S. 10 amended by Nos 23/1994 s. 118(Sch. 1 item 25.3), 88/1994 s. 8, 18/2004 s. 5, repealed by No. 49/2010 s. 221.
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The Governor in Council, by Order published in the Government Gazette, may declare that any provisions of Part 3 or Part 4 specified in the Order do not have effect in relation to a specified person or agency or class of person or agency.
S. 11(1A) inserted by No. 53/1990 s. 5(1).
The Governor in Council, by Order published in the Government Gazette, may declare that any or all of the provisions of this Act specified in the Order do not apply to a specified health service establishment or class of establishment.
S. 11(2) amended by No. 53/1990 s. 5(2).
An Order under this section is subject to such terms and conditions (if any) as are specified in the Order.
An Order under this section has effect according to its tenor.
A person to whom an Order under this section applies must comply with the terms and conditions (if any) to which the Order is subject.
Penalty applying to this subsection: 100 penalty units.
S. 11A inserted by No. 52/2004 s. 7.
To ensure that the objectives of this Act are met, the Secretary may—
advise the Minister on the operation of this Act;
develop policies and plans with respect to health services provided by health care agencies;
fund or purchase health services and monitor, evaluate and review publicly funded or purchased health services;
encourage safety and improvement in the quality of health services provided by health care agencies and health service establishments;
in consultation with health care agencies, develop criteria or measures that enable comparisons to be made between the performance of health care agencies providing similar services;
collect and analyse data to enable the Secretary to perform the Secretary's functions under this or any other Act;
do anything else that the Secretary considers appropriate.
Pt 1A (Heading and ss 11B–11F) inserted by No. 17/2023 s. 60.
Part 1A—Statement of Recognition and Statement of Recognition principles
S. 11B inserted by No. 17/2023 s. 60.
The Parliament recognises that Aboriginal people in Victoria are First Nations people of Australia and acknowledges their enduring connection to Country, kin, land and culture.
The Parliament acknowledges the following—
that Aboriginal self-determination serves as a foundational principle to improve health and wellbeing outcomes of Aboriginal people in Victoria;
the lasting impact of laws, practices and policies on the health and wellbeing outcomes of Aboriginal people since colonisation and enduring to this day;
cultural dislocation, oppression, intergenerational trauma, lack of healing, systemic racism, institutionalised inequality and the loss of land, lore and language continue to harm the health and wellbeing of Aboriginal people in Victoria today;
the strength of Aboriginal people, culture, kinship and communities in the face of historical and ongoing injustices;
Aboriginal people's ongoing connection to culture, community and Country and the importance of this connection for the health and wellbeing of Aboriginal people in Victoria.
It is the intention of Parliament that the health sector recognises, respects and supports the distinct cultural rights of Aboriginal people and their right to receive culturally-safe holistic health care throughout Victoria.
The Parliament supports initiatives which address the ongoing health inequalities experienced by Aboriginal people in Victoria.
The Parliament recognises the essential role of Aboriginal community controlled health organisations in meeting the health, wellbeing and care needs of Aboriginal people in Victoria.
The Parliament supports the development of future reforms which further Aboriginal self‑determination within health services in Victoria.
S. 11C inserted by No. 17/2023 s. 60.
The Parliament acknowledges Victoria's treaty process and the aspiration of Aboriginal people to achieve increased autonomy, Aboriginal decision-making and control of planning, funding and administration of services for Aboriginal people, including through self-determined Aboriginal representative bodies established through treaty.
S. 11D inserted by No. 17/2023 s. 60.
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